California, United States of America
The following excerpt is from People v. Rhinehart, 107 Cal.Rptr. 34, 507 P.2d 642, 9 Cal.3d 139 (Cal. 1973):
Defendant contends that the trial court erred in denying his motion to appear in propria persona, but there is no merit to this contention. Before a defendant may be permitted to waive his right to counsel, the trial court must determine that he is competent to represent himself (People v. Williams, 2 Cal.3d 894, 908, 88 Cal.Rptr. 208, 471 P.2d 1008(13)) and has an intelligent conception of the consequences of his act (People v. Robles, 2 Cal.3d 205, 218, 85 Cal.Rptr. 166, 466 P.2d 710(9)). As stated by this court in Robles at page 218, 85 Cal.Rptr. at page 174, 466 P.2d at page 718(10), 'The determination of the trial judge as to the defendant's competence to [9 Cal.3d 148] waive counsel involves an exercise of discretion by the trial judge which in the absence of an abuse of discretion will not be disturbed on appeal.'
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